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Markets in Financial
Instruments Directive (MiFID)
DIRECTIVE 2004/39/EC
Article 44
Pre-trade transparency requirements for regulated markets
1. Member States shall, at least, require regulated markets to
make public current bid and offer prices and the depth of trading
interests at those prices which are advertised through their
systems for shares admitted to trading.
Member States shall require this information to be made available
to the public on reasonable commercial terms and on a continuous
basis during normal trading hours.
Regulated markets may give access, on reasonable commercial terms
and on a non-discriminatory basis, to the arrangements they employ
for making public the information under the first subparagraph to
investment firms which are obliged to publish their quotes in
shares pursuant to Article 27.
2. Member States shall provide that the competent authorities are
to be able to waive the obligation for regulated markets to make
public the information referred to in paragraph 1 based on the
market model or the type and size of orders in the cases defined
in accordance with paragraph 3.
In particular, the competent authorities shall be able to waive
the obligation in respect of transactions that are large in scale
compared with normal market size for the share or type of share in
question.
3. In order to ensure the uniform application of paragraphs 1 and
2, the Commission shall, in accordance with the procedure referred
to in Article 64(2) adopt implementing
measures as regards:
(a) the range of bid and offers or designated market-maker quotes,
and the depth of trading interest at those prices, to be made
public;
(b) the size or type of orders for which pre-trade disclosure may
be waived under paragraph 2;
(c) the market model for which pre-trade disclosure may be waived
under paragraph 2, and in particular, the applicability of the
obligation to trading methods operated by
regulated markets which conclude transactions under their rules by
reference to prices established outside the regulated market or by
periodic auction.
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